(a)
- (1) Each mobile home carrier certificated by the State Highway Commission or its agent shall be required to make a pre-move inspection of all mobile homes to be moved intrastate in Arkansas.
- (2) Such pre-move inspection shall be made in accordance with the provisions of this section (form found in Chapter 8).
(b)
- (1) A record of each pre-move inspection shall be made on a form provided by the carrier, which shall comply with that set forth in this section.
- (2) Inspection items not required by the form may be included on the form at the option of the carrier.
- (3) If such additional items are included, they must be given the same attention by the carrier's agent and the customer as is required by this section for mandatory items specified in the form.
(c)
- (1) At least two (2) copies of each form shall be provided by the carrier.
- (2) Upon completion of the form, at least one (1) copy shall be given to the customer, and at least one (1) copy shall be retained by the carrier or the carrier's agent, to be kept on file by the carrier.
(d)
(1) Each inspection item on the form must be completed by the agent of the carrier to reflect the:
- (A) Extent and nature of preparation for the move;
- (B) Physical problems anticipated in completing the move; and
- (C) Condition of the mobile home and other property.
- (2) Section I of the pre-move inspection record shall be made prior to the move.
- (3) Those inspection items of Section I which may be completed upon telephone inquiry or which require personal inspection of the destination site pursuant to this subsection should, when possible, be completed prior to the day for which the move is scheduled.
- (4) Section II of the inspection shall be completed immediately preceding the move.
- (5) Items in Section II which can be inspected before the carrier's agent performs any other services, such as unblocking or jacking, should be completed at that time.
- (6) All items in Section II shall be completed before the mobile home is removed from the place of origin.
(e)
- (1) If at the time of the pre-move inspection the agent of the carrier believes conditions are such that a possibility of damage to the mobile home during movement exists, the carrier must so advise the owner in writing with an explanation of why such damage may occur.
- (2) If the agent believes, based upon representations made to him or her by the owner or for some other reason, that damage may occur as a result of difficulty in placing the mobile home at its destination site, he or she or another agent of the carrier must personally inspect that site, or advise the owner that it appears that a wrecker may be needed to place the mobile home at the destination, and that such expense, if necessary, must be borne by the owner.
(f)
- (1) After completion of the preinspection record, it shall be signed by both the agent of the carrier and the owner or an agent of the owner of the mobile home.
- (2) The owner shall not, by signing the completed form, relinquish any rights which should accrue to him or her as a result of damage or loss of property which might occur during the move or at any time during which the carrier or its agent is rendering services to the customer.
- (3) The agent's and customer's signature shall indicate, however, that the designations on the form do reflect actual conditions at the time of the pre-move inspection to the extent of the knowledge of each party, and that the agent of the carrier has in fact complied with this section in making the pre-move inspection.
(g)
- (1) The pre-move inspection shall be recorded on a form specified by the commission.
- (2) If any additional items permitted by subsection (b) of this section are used by any carrier on the form, they shall be placed after item (21) under the additional heading, "Section III".
- (h) A person designated by the owner may act as the owner's representative for the purposes of this section.
- (i) When any customer-owner makes a claim or complaint against the carrier, a copy of the completed preinspection record for the move involved shall be placed in the claim file which is required to be kept by 27 CAR § 110-1601(2).